Virginia · Gabapentin use and a claim for memory loss
Gabapentin use and a claim for memory loss in Virginia
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| Filing deadline | 2 years from the date of injury, not discovery, with narrow statutory exceptions (Va. Code §§ 8.01-230, 8.01-243(A))Va. Code Ann. § 8.01-243(A) |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Virginia?
Virginia: 2 years for personal injury (Va. Code Ann. § 8.01-243(A)). Virginia generally starts the 2-year clock when the injury happens, not when it is discovered (Va. Code § 8.01-230); a narrow exception covers latent injuries from a substance or product that could not be diagnosed within those 2 years (Va. Code § 8.01-249(4a)). A lawyer can confirm yours.
Source: Va. Code Ann. § 8.01-243(A)
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

02 · Where cases are heard
Where would my case be heard?
Virginia has taken significant regulatory action on gabapentin, classifying it as a Schedule V controlled substance — one of a small number of states to do so. This scheduling reflected Virginia's recognition of gabapentin misuse patterns, particularly in the southwestern Appalachian region where the drug was commonly diverted and co-used with opioids. Virginia's large military and veteran population — concentrated around Hampton Roads, Northern Virginia, and the Quantico-Fort Belvoir corridor — represents a substantial gabapentin-exposed cohort. The state's Eastern District (Norfolk/Richmond) and the Western District (Abingdon/Roanoke) have both seen pharmaceutical litigation, with the coal country of far southwest Virginia among the most heavily gabapentin-impacted areas in the nation.
Virginia gabapentin cases may be filed in the Eastern District (Richmond, Norfolk, Alexandria) or Western District (Roanoke, Abingdon, Charlottesville). Virginia follows contributory negligence, which bars plaintiff recovery if the plaintiff was negligent — a defense-friendly standard that rarely applies in pharmaceutical product liability. The state does not cap compensatory damages in product liability cases. Virginia classified gabapentin as a Schedule V controlled substance, and PDMP data provides comprehensive prescribing records.
How this works nationally
For the overall process and updates, read the Gabapentin use and a claim for memory loss overview. This page covers the local information available for Virginia.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Virginia? Read what applies in your state.
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- Va. Code Ann. § 8.01-243(A)